The Evolving TCPA Landscape and Circuit Court Splits

October 9, 2020

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Joe Apatov (Fort Lauderdale), Aaron Kouhoupt (Cleveland), and Gregg Stevens (Dallas) co-presented “The Evolving TCPA Landscape and Circuit Court Splits” on Friday, October 9 during the 2020 Virtual Consumer Finance Legal Conference.

The panel touched on the new U.S. Supreme Court First Amendment ruling and discussed the recent conflicting circuit court opinions regarding what constitutes an ATDS as well as the Facebook case currently pending before the Supreme Court that could resolve this conflict. In addition, the panel discussed the different consent requirements and conflicting circuit court opinions regarding how consent can be revoked.

Insights

In the Media

Supreme Court decision provides clarity on TCPA

April 8, 2021

Attorneys Joe Apatov (Ft. Lauderdale) and Aaron Kouhoupt (Cleveland) were quoted in an April 7 article in Auto Finance News detailing the specifics of the Supreme Court's decision in the Facebook v. Duguid case.

Alert

SCOTUS clarifies “autodialer” definition in Facebook TCPA decision

April 6, 2021

On April 1, 2021, the Supreme Court held in a 9-0 decision that an “automatic telephone dialing system” is a device that has the capacity either to store a telephone number using a random or sequential generator, or to produce a telephone number using a random or sequential number generator. As a quick refresher: the Telephone Consumer Protection Act (TCPA) restricts certain calls made by an “auto dialer,” which the TCPA defines as equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and to dial such numbers.”

Published Article

Two TCPA updates that auto finance companies need to know

March 17, 2021

The Telephone Consumer Protection Act (TCPA), and the barrage of litigation that stems from its various interpretations, is always in the news. In fact, there is so much change that it’s often hard for a casual follower to filter out the news from noise. For example, court cases discussing the constitutionality of the TCPA as a resultMore

Podcasts

Podcast: Is the TCPA Unconstitutional?

March 16, 2021

The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was unconstitutional. Can the Court's recent ruling be interpreted to mean the entirety of the TCPA has been unconstitutional since 2015?

Presentation

Is the TCPA Robocall Restriction Enforceable?

December 3, 2020

As with most things in law, the answer to whether the TCPA Robocall Restriction is enforceable is: it depends.

Published Article

Where are we with the TCPA?

December 4, 2020

Attorneys Aaron Kouhoupt and Jeremy Rzepka (Cleveland) authored an article on the current compliance landscape regarding the Telephone Consumer Privacy Act in the November, 2020 issue of Wolter's Kluwer's "Banking and Financial Services Policy Report."

Presentation

TCPA and the First Amendment

August 28, 2020

Gregg Stevens (Dallas) and Joe Apatov (Fort Lauderdale) will co-present “TCPA and the First Amendment” on August 28 during the Texas Bar CLE’s 16th Annual Course Advanced Consumer & Commercial Law.